A BIBLICAL, LEGAL, MORAL AND ECONOMIC PERSPECTIVE ON HOMOSEXUALITY

By Sean Tembo – PeP President

1. Before we get going on this controversial subject, l just want to put it on record that l do not hold any prejudice against gay people. I just think they have a disease which, like all diseases, our society must help them to get cured instead of promoting. There have been all sort of arguments made in support of gays, or to use a more politically correct term; LGBTQ+, which l believe stands for lesbians, gays, bisexuals, transgender, queer etcetera. But for purposes of this discussion, l will use the term LGBTQ+ interchangeably with the terms homosexuality and gayism, even though by strict definition they do not exactly mean the same thing. Allow me to try and address each of these arguments one by one.

2. Firstly it is important to understand how and why homosexuality has come into prominence over the past few decades. It is being promoted by western countries because they see it as an effective population control measure for the world. You see, whereas the biggest nightmare for you and l in this third world country called Zambia, is that we may wake up tomorrow and have no food to feed our family, the biggest nightmare for most individuals in western countries is that they may wake up tomorrow and find that the world population is bigger than the resources that are available to support life. And that such a situation will bring about mayhem and conflict among the people. With this belief in mind, western countries will do whatever is necessary to try and arrest the growth of the world population. Promoting LGBTQ+ rights is one of the tools that they have in their assenal. What better way to reduce population growth than for men to marry fellow men and women to marry fellow women? Because when a man marries a fellow man, they cannot produce children. Just like when a woman marries a fellow woman.

3. Whereas western countries might be suffering from over-population, here in Zambia we are suffering from under-population. For our landmass, our population of about 18 million people is too small for us to achieve the necessary economies of scale to develop our nation. What we need is to double and possibly triple our population in the shortest possible time. So from an economic point of view, it does not serve our nation’s interests to embrace LGBTQ+ rights. At least not for now.

4. From a biblical point of view, the bible is very clear that marriage is between a man and a woman. Therefore, any marriage between a man and a man or between a woman and a woman is unbiblical. The Constitution of the Republic of Zambia is very clear that we are a Christian nation. Therefore we should not even be having this debate of whether or not to protect and embrace LGBTQ+ rights.

5. From a legal point of view, the penal code is very clear that anyone who engages in carnal knowledge against the order of nature commits a criminal offense. Those are the laws of the land. Unless and until they are changed, they need to be enforced with vigor by our law enforcement agencies. That is what the rule of law is all about; enforcing all laws with equal vigor until and unless they are changed. The moment the authorities start cherry-picking which laws to enforce and which ones not to, then they can no longer claim to govern by the rule of law.

6. But it is neither the economic, biblical nor legal arguments about LGBTQ+ rights that is the most compelling, but rather the moral argument that some people are born like that, and that it is not right to discriminate against them. That some people are born with an unusual sexual orientation as lesbians or gays or bisexuals or transgender or queer etcetera. And that as humanity, we need to embrace other humans with a birth defect instead of ostracizing them. That these minority rights must be protected and that our laws must be changed in order to accommodate these minority rights so that homosexuals can be able to conduct their business without fear of being arrested and imprisoned. That our marriage laws should be changed to accommodate men who wish to marry fellow men, or women who wish to marry fellow women.

7. My considered view is that asking our society to bend its rules in order to accommodate people who are born with a defective sexual orientation is a slippery slope. If we say that we adjust our laws so as to accommodate those who are born as LGBTQs because it is not their fault that they were born with a defective sexual orientation, then what about those who claim to have been born with a sexual orientation of only being attracted to have sex with children? Are we still going to call them pedophiles and lock them up or are we going to change our laws in order to protect their minority rights so that they can marry our children, as they wish? What about those who claim to have been born with a sexual orientation of only being attracted to animals? Are we still going to say that they are practicing bestiality and lock them up or are we going to protect their minority rights by changing our laws so as to allow them to be married to their cats, dogs, chickens, goats etcetera? And if a woman marries her dog and she conceives, what is she going to give birth to?

8. Let us also not forget that there are certain habitual thieves who claim to have been born like that. That they can’t resist stealing. Are we still going to refer to these people as thieves and lock them up or are we going to ask society to change the rules so that we can also protect these minority rights? Where exactly do we draw the line on this slippery slope?

9. As a society, if some of us are born with a defective sexual orientation such as LGBTQ, pedophilia, bestiality etcetera, isn’t it our duty to help such people to rectify their birth defects rather than embracing and promoting these defects? Why are western countries practicing double standards by promoting some defective sexual orientations such as LGBTQ while frowning upon other defective sexual orientations such as pedophilia? If they are going to promote minority sexual rights, shouldn’t they promote pedophilia with the same vigor and energy with which they promote LGBTQ ? Why do they allocate disparaging terms like homophobic to people who are averse to minority sexual rights such LGBTQs and yet they allocate no such disparaging terms to people who are averse to other minority sexual rights such as pedophilia and bestiality? In short, why the double standards? Additionally, by allowing LGBTQs to adopt and raise children, are you not depriving that child of the right to a normal sexual orientation? Are you not imposing a defective sexual orientation on a child, even before the child develops the capacity to chose for themselves?

10. Indeed, it is evident that the moral argument that LGBTQs are born with their defective sexual orientation and that therefore their minority rights should be protected, is defective. To the contrary, society must assist those with a defective sexual orientation whether it be LGBTQ, pedophilia or bestiality, to rectify it and not promote it. And for as long as our laws criminalize homosexuality, all those practicing it must be prosecuted to the fullest extent of the law. Biblically, for as long as marriage is defined as a union between a man and a woman, same sex marriages should never be tolerated in Zambia. As a population control tool, the promotion of LGBTQ rights might be effective in western countries, but we do not need to control our population here in Zambia. One of the reasons why western countries are more developed than Zambia is because they are highly populated and are able to easily achieve economies of scale, whereas we are too sparsely populated to achieve the necessary economies of scale needed to develop our economy. You see, the way God designed the world is that each part has its own problems. The west has a problem of over-population and we don’t. We have a problem of poverty and the west doesn’t. So let the west deal with its own problems and we shall deal with ours. The west’s solutions to their problems cannot be the solutions to our problems. Let the west promote LGBTQ rights for their countries if it suits them. But let them not impose LGBTQ rights on us because it definitely does not suit us; biblically, legally, morally and economically.

///END

SET 20.09.2022

EEP President Chilufya Tayali

HH AND UPND WOULD BE VERY FOOLISH TO TRUST PEOPLE LIKE KELVIN SAMPA, THESE ARE POLITICAL PARASITES

I am a proponent of a Govt of National Unity (GNU), therefore, I am reluctant to respond to some political operatives, so that I don’t jeopardise my national agenda.

However, some individuals deserve to be told off so that they change. #Balichilamo

There’s nothing wrong in joining another party, but when you do, don’t insult those whom you eat with as a way of winning acceptance in the new party you have joined.

Hon. Kelvin Mutale Sampa is one of those guys who has this treacherous attitude. He has been doing this since his political birth.

He did it to RB, Sata and, now, Edgar Lungu. Therefore, President Hichilema and the UPND would be so foolish to think that, Kelvin would treat them any differently when they get out of power.

People like Kelvin are political parasites that come into the party when it gets into power to eat with them.

“Niba tula twabane, or Basangwapo”, or Tidye nao” (They simply want to eat with you and leave when things go bad). They are specialised in this and they have no shame.

You can accuse me of whatever you want but I am a man of my own, I even bite the finger that feeds me, if something is wrong, not abena Kelvin, they will cheer you up even when they know you are losing.

Any reasonable person can see that Kabushi and Kwacha has already gone to PF, but look at what Kelvin is posting, 😄😄😄. It’s like he can perform a miracle when he knows nothing about politics apart from bootlicking to eat.

Kelvin was one of those who actually contributed to President Lungu’s failure because he was sponsoring cadres, misleading Chris Zumani Zimba, but today he wants to claim that he has solutions to HH and UPND.

Anyway, politics is about numbers, let UPND gather more political residues and parasites, and let’s see how far they go.

OPPOSITION PARTIES MUST UNITE AND FORM A GOVT OF NATIONAL UNITY 🤝 🤝 🤝

TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS!!!

Chinsali cop ‘detains’ Bashi Bwalya

A CHINSALI-based female police officer was trending over the weekend, not for slapping the hell out of criminals or receiving a bribe but for appearing in a brief Facebook video being confronted by a woman whose husband she ‘unlawfully’ detained.

The 1999-born constable Mutinta Mildred Njavwa is said to have taken a man who, for now has only been identified as Bashi Bwalya, into her custody, not at Chinsali Central Police Station where she is based but in a room at a guest house with no more than a double bed, an eight-inch Foam King mattress and a Nakonde duvet.

Constable Mutinta was doing all this despite police flags flying half mast in honor of Queen Elizabeth ll whose burial is due today.

After stripping to the skin, the Kamfinsa-trained officer took Bashi Bwalya through rigorous and energy-sapping police paces, complete with ‘live fire’ before the man’s wife walked in on them, armed with a recording camera phone.

As Bashi Bwalya’s cultured wife wondered loudly how her husband could be already naked with another woman at that time of the day, constable Njavwa showed magnanimity by granting her detainee unconditional bond.

“Take him, he’s your husband,” Constable Mutinta could be heard saying as she struggled to hide her bare upper body.

As the woman captured a video of the scene, she offered her adulterous husband to choose between her and Constable Mutinta but drained by the marathon, all the equally naked Bashi Bwalya could do was sleather and vanish under the duvet.

The video ended immediately and ignited wild imagination from social media users as to how the situation could have ended.

In the meantime, Bashi Bwalya is the envy of men in Chinsali who wish constable Mutinta can detain them in similar circumstances.

Kalemba

I’M SEEING A REVOLT… HH you talk too much, little action on ground – Musenge

By Edwin Mbulo in Livingstone

WHAT I am seeing is a revolt against the current government, says former CopperbProvince minister Mwenya Musenge.

He says the UPND’s loss in the Luangwa council chairperson by-election to opposition PF is the first tip of the iceberg adding that even in Kabushi and Kwacha they can’t win.

He noted that the UPND was slowly taking the path of the PF of not listerning to people’s concerns.

Musenge told The Mast that the vote against the UPND in Luangwa was a protest vote for what he termed poor governce systems.

“The people are sending out a protest message. Sir ba HH you talk too much but there is little action on the ground. The expectations of the general population is not there. The poverty levels are unprecedented. People are now sleeping on empty stomachs Majority of our people are not dying out of disease but hunger. Unemployment levels are unprecedented. The US $1.3 billion IMF deal is nothing but political talk which has no basis in terms of cushioning the suffering of our people in the country. As long as they cannot provide food, shelter and health for the people, there is no way they can help the government,” he said. “There is a total mess in the governance system of our country and the sooner the commander, the captain of the ship, takes charge the better. Our friends have lost the Luangwa by-election, and for me the first tip of an iceberg is recorded in Luangwa. Even here on the Copperbelt they cannot win in Kabushi and Kwacha. Not that Bowman Lusambo and Joe Malanji are popular, no! It is not only on the Copperbelt but the entire country. Even where they claim to be popular, in even where Mweetwa (Cornelius) is from, the people are sending out a protest message. What I am seeing is a revolt against the current government.”

Musenge said the gap between the rich and the poor was widening each day.

He said despite that the UPND lost to the PF in Luangwa, Zambians did not want to go back to the former ruling party.

“But they are merely sending warning shots. For me personally as Mwenya Musenge as much as one might say that PF is a better devil than the angel you have never lived with, for me I would rather go for the angel than the devil. So for me PF is not an option. But some of his (President Hakainde Hichilema) ministers have gotten big-headed. They think they have arrived. People like Mweetwa who always wants to respond to issues without first reading through. That is what PF used to do. They had a lot of vuvuzela’s in the forefront showering praises on Edgar Lungu. Telling him lies not knowing that the people had left them a long time. Where are they today?” he asked. “As for UPND they are lucky that these warning messages are coming in just a year and in that peoriod they cannot destroy as much as the PF did. But things are at there lowest in the country. But they (UPND) need to come up with a strategy to reach out to the most vulnerable.”

However, Musenge said the fight against corruption embarked on by the UPND should not be stopped.

“We need to arrest bakabolala (thieves) and end corruption,” urged Musenge.

We still have a viable Constitution – Sangwa

By Kombe Chimpinde Mataka

RESIST any attempt to have another constitutional making exercise, constitutional lawyer John Sangwa has told lawyers.

And Sangwa, a state counsel, has discouraged lawyers and the public from attacking the judiciary.

During a discussion programme held by the Law Association of Zambia (LAZ) to commemorate the International Day of Democracy on Thursday, Sangwa said the country did not want another form of Bill 10.

“We don’t want another bill 10. We have had enough. We have a good Constitution. After all the Constitution delivered isn’t it?” Sangwa told the gathering of lawyers and student lawyers. “So what more do you want? You want to go and change? Change what?. If you have challenges go to the Constitutional Court. They clear whatever, what they call lacuna. So we don’t and I would like to urge you to resist any attempt to have another exercise. They money to spend on that exercise can be devoted elsewhere . We don’t need it.”

Sangwa said constitutional amendments should not be confused with constitutional making.

“This is where we get it wrong. Constitution making is not something you do at anytime that you feel like. It is something that you undertake at a certain historical time. The timing in constitution making is very important. Surviving and long lasting democracies had framed up their constituencies at a certain historical time, at that particular time they were able ensure what gives legitimacy to the constitution is the extent to which the people have participated in the process and you can maximise the people’s participation depending on the timing in which that exercise is undertaken,” Sangwa said. “So right now if you do it, who is interested in constitution making? What is the people’s most pressing need right now? Survival. Okay. People are not interested in constitution making but in any case we still have a viable Constitution. It is not the best but it is better than anything that we have had before. We have more challenges, more pressing issues, that the last thing we have to do is embark on another constitution making exercise.”

Sangwa said members of parliament can continue amending the Constitution provided they met the required two-third majority.

“Yes you can amend if you want because that is the preserve of parliament. They can amend anytime provided they the two-thirds majority,” he noted.

Sangwa said the constitution was as good as the people.

“Governments have refused to be limited by the constitution unfortunately…” Sangwa said.

“If you have criminals and a good constitution they will damage it. They will destroy it. You can have not so much a good constitution but you have people in office to do the right time. Why? Because they are good.”

Meanwhile, Sangwa said tolerating attacks on the judiciary would create anarchy.

“You don’t attack the judgments. You criticise the judgment you are attacking the reasoning in the judgment, the shortcomings in the judgment, but you don’t attack the judge. Whatever shortcomings that are there, that is how we built our jurisprudence,” said Sangwa. “I hope we don’t have this habit of just reading the summary judgment. We have to do more.”

Alick Banda, Catholic Archbishop of Lusaka writes

A call to action – against offensive tendencies
Peace of our Lord Jesus Christ be with you all!

1. My dear brothers and sisters in Christ and people of good will. I hereby wish to
address a thorny issue inter alia other issues that seem to be slowly taking root in
our society, albeit complacency from the State and the law enforcement agencies.

2. In the last 12 months, we have witnessed an increase in the number of incidents and events that promote LGBTG+ tendencies contrary to the Laws of Zambia and our Zambian culture. Additionally, there has been an increase in the number of incidents of sodomy where boys and men are raped by fellow boys and men with
impunity.

3. On Tuesday the 17th May 2022, the Swedish and Finnish Embassies in Lusaka flew gay pride flags, contrary to the provisions of article 20 of the Vienna Convention which allows foreign missions to only fly the flag and emblem of their country of origin on their premises.

4. On Saturday, the 3rd September 2022, a company called PR Girl Media Limited hosted an event dubbed “Lusaka July 2022” at Lusaka Polo Club. Pictures and videos that emerged from this event showed attendants double dressing in attires of the opposite sex and appearing to promote LGBTQ+ behaviour.

5. Subsequent to the above events, we have witnessed several cases of sodomy and homosexuality on the increase in our society much to the displeasure and disapproval of the general public. Unfortunately, the law enforcement agents and the President who took oath to protect the Constitution seem to be paying a blind eye. The question that begs an answer is: Is it by design or by default?

6. However, on Friday, the 16th September 2022, when a group of concerned citizens decided to undertake a peaceful protest in order to raise awareness to the ever escalating cases of homosexuality and sodomy in the country, the Police were quick to apprehend them together with journalists who were covering the event. These were detained, arrested and charged with unlawful assembly.

7. The above events are alarming. If nothing is done to raise awareness among our people, LGBTQ+ will become an acceptable norm in Zambia, despite the existence of laws that criminalises these activities and worse still being offensive to our Cultural and Christian values.

8. From the foregoing, it is necessary to act against the proliferation of LGBTQ+ and
other vices which are averse and seem to be on the increase corroding the fabric of our society such as abuse of authority, abuse of state institutions, arbitrary disrespect of the rule of law, the hounding of the opposition members and constitutional office bearers perceived not to toll the line, the rise of nepotism, hybrid hypocrisy, deception, and lies, etc.

9. During His memorable sermon on the Mount, our Lord, Jesus Christ declared to His disciples that: “You are the salt of the earth…” (cf. Mt. 5: 13). The primary use of salt in ancient times among other things was to avert decaying of foodstuff. So, when Jesus says, “You are the salt of the earth”, He is calling us to avert moral degeneration. We are therefore, invited to manifest in person and give witness to our Christian calling – to be the salt of the earth and the light of the world.

10.The Archdiocese of Lusaka, through its Directorate of Integral Human Development, is embarking on raising awareness against these offensive trends which seem to be on the increase in our society. To this effect, ADL – IHD will communicate an action plan in the next couple of days, spelling out the way forward. In the meantime, we are inviting all our faithful to pray and fast against all these vices that seem to be accepted by the authorities that be.

11.May Mary the mother of the Child Jesus, intercede for us that our lives may become salt to avert moral degeneration and light to illuminate the world from the darkness of evil.

Given this at Lusaka, the Cathedral of the Child Jesus, this 17th September in the Year of our Lord 2022, Fifteenth of our Episcopate.

Most Rev. Dr. Alick Banda
Archbishop of Lusaka

Kangaroo Court

By Amb. Emmanuel Mwamba

The matter in which the Director of Public Prosecutions (suspended), Mrs. Lillian Shawa-Siyuni is challenging the decision to deny her a waiver on her Oath of Secrecy is coming up at the Lusaka High Court Conference Room this morning.

Strangely, the Judicial Complaints Commission has also set 09;00hrs as the time to hear her case in which a prima facie case was earlier established against her.

President Hakainde Hichilema, upon receiving the recommendations from the JCC suspended Mrs. Shawa-Siyuni.

Mrs. Shawa-Siyuni was not heard and did not appear before the JCC yet a determination was made against her. This is despite her plea for a waiver and that her Judicial Review case.on the Waiver has not been determined by the High Court.

The JCC is expected to hear this matter in seven days and make final recommendations to the President for possible removal of the DPP.

This “fast track” process has already seen the dismissal of two High Court Judges by President Hichilema, namely; Sunday Nkonde SC and Mr. Joshua Banda.

In the past the removal of a Judge or the DPP required a Tribunal as was done in the Mutembo Nchito case where former Supreme Court Justice, Anel Silungwe headed a tribunal to hear the complaint. It is not so with the new powers given to the President in Articles 144(5)(b) and 144(3) of the Constitution.

Clearly the JCC is degenerating into a kangaroo court, confirming fears that it is becoming a sharpened tool of the Executive to deal with Judicial officers the Executive deems not-user-friendly!

The circus at the JCC will inadvertently erode the independence and impartiality of the Judiciary and the security of tenure for its officers.

The sacred and sacrosanct role of this branch of government to administer Justice cannot be over-phasised. Its wider role in the promotion of Democracy, promotion of human rights and the Rule of Law and not of men,is important.

However with this JCC, this role of the Judiciary may be frightened back into a branch of government intimidated to push the inimical agenda of the Executive.

SOUTHERN AFRICA MINING GIANT, VEDANTA, MAKES MOVES IN THE SEMICONDUCTOR FABRICATION INDUSTRY.

16 September 2022, Lusaka

Vedanta Group, the largest Indian investor in Zambia’s mining industry, signed two Memorandum of Understanding (MoUs) with the state of Gujarat of India to set up a semiconductor fabrication plant commonly referred to as a fab unit, a display fab unit, and a semiconductor assembling and testing unit in Ahmedabad in western India.

This is a milestone project that will attract electronics ecosystem players across the value chain which entails manufacturers of highly sophisticated and sensitive equipment, materials (high purity Gases, chemicals, wafers, photomasks), and equipment service providers among others that will put the state of Gujarat on the global silicon map. The project envisages a total investment of USD 20 Billion that will provide employment to around 100,000 people.

The decision to set up the project in Gujarat comes after Vedanta and Foxconn announced in February that they will form a joint venture company in India. Vedanta will hold 60% of the equity in the JV while Foxconn will own 40%. The JV will look at setting up a semiconductor manufacturing plant in the next two years.

The proposed semiconductor manufacturing fab unit will operate on the 28nm technology nodes and the display manufacturing unit will produce Generation 8 displays catering to small, medium, and large applications.

Speaking on the signing of the MoUs, Vedanta Chairman Mr. Anil Agarwal, said: “We are delighted to announce that Gujarat will be the location for our display and semiconductor fab ventures. The state is well known globally for being a manufacturing hub and I hope that India’s upcoming, cutting-edge electronics ecosystem will thrive, with every state benefitting to develop their electronic manufacturing hubs. We are privileged to take one step further in supporting Prime Minister Modi’s vision of Aatm Nirbhar Bharat in this strategic sector.”

In Southern Africa, Vedanta Limited is represented by Vedanta Resources Holdings Limited and the Zambian subsidiary Konkola Copper Mines (KCM) the country’s largest integrated copper producer, with an entire production value chain comprising of open pit and underground mines, concentrators, a state-of-the-art smelter, a tailings leach plant, and a refinery.

It is the only mining company in the country that has operations in four locations, including Chingola, Chililabombwe, Nampundwe, and Kitwe, playing a key role in the communities around these mining areas.

The company’s product or service includes copper cathodes, copper-cobalt alloys, sulphuric acid, pyrite, and anode slimes. Vedanta has successfully operated KCM since 2004 and invested USD 3 billion which includes 1.3 billion in sustaining capex and USD 1.7 billion into project Capex.

Speaking on the signing of the MoUs, Vedanta Zinc International’s Executive Director and CFO, who also represents the Zambian operation Pushpender Singla, said: “We are proud to be part of an organisation that is focused on Growth, Diversification and Transforming communities. Vedanta is always open for such new investments in other international location like South Africa, Namibia and Zambia in partnership with government.

We are looking forward to leveraging some of the knowledge and resources from India’s JV investment and applying it to the Southern Africa Market.

Vedanta is committed to all its current and future growth projects in Southern Africa and is continuously looking for investment opportunities that will contribute to the country’s economic success.”

Mr. Brian Ho, VP, Foxconn Semiconductor Group, also present at the event, said, “I am delighted that the semiconductor plant will come up in the industrial state of Gujarat.

We applaud the efforts made by the Government of Gujarat, home of Prime Minister Narendra Modi, to attract semiconductor development and upgrade government efficiency.

Located in the western part of India, Gujarat has been recognized for its industrial development, green energy, and smart cities.

The improving infrastructure and the government’s active and strong support increases confidence in setting up a semiconductor factory. We look forward to working with our partners and the Gujarat leadership to further enhance the infrastructure required to cater to the ambitious semiconductor project”.

The broad plans for a semiconductor unit in India were announced after the pandemic upended global supplies of crucial electronic components used in everything from smartphones to cars. India has vowed to spend $30 billion to overhaul its tech industry and build local chip supply chains to avoid being dependent on foreign producers.

About Vedanta Limited:
Vedanta Limited, a subsidiary of Vedanta Resources Limited, is one of the world’s leading Oil & Gas and Metals company with significant operations in Oil & Gas, Zinc, Lead, Silver, Copper, Iron Ore, Steel, and Aluminium & Power across India, South Africa and Namibia. For two decades, Vedanta has been contributing significantly to nation building. With an empowered talent pool globally, Vedanta places strong emphasis on partnering with all its stakeholders based on the core values of trust, sustainability, growth, entrepreneurship, integrity, respect and care. Good governance and sustainable development are at the core of Vedanta’s strategy, with a strong focus on health, safety and environment, and on enhancing the lives of local communities. The group is focused on becoming the ESG leader in the natural resources sector and is committed to reducing carbon emissions to zero by 2050 or sooner. It has pledged $5 billion over the next 10 years to accelerate the transition to net zero operations. The group’s CSR philosophy is to eradicate poverty and malnutrition with a focus on development of women & children through the marquee project Nand Ghar.

For any media queries, please contact
Mr Abhinaba Das, Head-Media Relations,Abhinaba.Das@Vedanta.co.in
Mr Masuzyo Ndhlovu, Corporate Communications, mndhlovu@vedantaresources.co.za

Corruption Alert; Fertiliser Tender, Procurement of Corruption in Motion

By Amb. Emmanuel Mwamba

Last week, Government cancelled a public tender for the supply, delivery, warehousing and distribution of D-compound(basal) and Urea Fertiliser under the Farmer Input Support Programme (FISP).

The tender was conducted under the Open National Bidding procurement method.

Six companies were picked as best evaluated. These were; Samar Agro Investments, Stutone Investments, Conchak Investments, Alpha Commodities, Agrizam Investments and Evergreen Fertilisers.

On 9th September 2022, ZPPA Director General Idah Chella announced the cancellation of this tender citing technicalities.

ZPPA said the tender was cancelled because the Ministry of Agriculture Procurement Unit allowed the participation of foreign companies in an Open National Bidding contrary to the Public Procurement Act of 2020, Section 39(2).

The new procurement Act was extensively amended to respond to Zambians who have called for citizen-owned companies to benefit from government procurements. The new Act gives preference to citizen-owned and local companies whenever large-scale government purchases, contracts and works are being procured.

Following the cancellation of this tender, the Ministry of Agriculture strangely abandoned the Open National Bidding method and quickly implemented a fresh process, but under Limited or Direct Bidding ( popularly known as single-sourcing).

Under this procurement, the Ministry has picked six firms; ETG, FSG, United Capital Fertiliser, Alpha Commodities and Agrizam to supply, deliver, warehouse and distribute the fertilizer.

This fresh procurent is against the spirit of the new Public Procurement Act that encourages that all large-scale procurements by Government be given to Zambians or citizen-owned firms or with companies with legal proof of joint venture or participation of citizens.

As can seen above, the Procurement Committee has left out citizen-owned companies that were initially picked and had their contracts approved by the Attorney General pending signing.

Minister of Agriculture, Mtolo Phiri is determined to have these new contracts signed even when both the Act and approval process have not been done in accordance with law.

Within a period of five days, the Ministry of Agriculture has miraculously completed the process from advertising/inviting, selecting, evaluating, and awarding these foreign companies.

It’s a scam, a predermined process.

This raises serious concerns.

When did the ZPPA give consent for the process to be done under Limited Bidding? When was evaluation done? When did Attorney General approve the new draft contracts?

Clearly, Hon. Mtolo Phiri and his team are using the urgency of lack of time to perpetuate illegalities, and I dare say engage in corruption.

The Ministry of Agriculture claims that this new procurement was motivated by picking firms whether foreign-owned that allegedly had fertiliser stocks on the ground. If this was true, other named companies with similar capacities would have been on the selected list.

This is procurement of corruption in motion.

I feel pity for officials pushed to do these illegalities as Ministers and State House officials never sign on these documents but it’s the Permanent Secretary and officials that face law enforcement agencies or go to prison for these acts of corruption.

In all this, I recognise that it the national food security which is at stake as the Ministry is late to procure these tenders which they have been fighting over since March this year!

By Dr Nevers Mumba

WHEN LOYALTY BECOMES AN OBSTACLE TO JUSTICE.

The undoing of the DPP, is a case of misplaced loyalty. Loyalty is one of the godly values upon which lasting relationships hang. However, when one’s loyalty to his or her friends or accomplices comes into conflict with one’s loyalty to God, to Truth, or to the greater good of society, it becomes a serious test of Character and an issue of Morality and Integrity.

In this case of The Director of Public Prosecutor (DPP), I believe that she refused to be disloyal to friends. She insisted that she will not betray her long held friendships at all costs and as a result, she refused to prosecute people she considered colleagues even when duty clearly demanded that she does so.

When taking up the position of DPP, she swore to defend the constitution of the Republic, and not to defend her friends. When faced with the difficult choice between the law and her friendships, she misapplied the virtue of loyalty.

One of the matters that was submitted for consideration by the Judicial Complaints Commission(JCC) in deciding that she be suspended, involved our party the Movement for Multi Party Democracy. In this matter, the DPP had repeatedly openly and defiantly turned down dockets from the police seeking to prosecute people who had blatantly broken the law. She chose to remain loyal to her friends than to the law of the land. She refused to prosecute her friends belonging to the then Patriotic Front and the expelled members of the Movement for Multiparty Democracy(MMD) despite court rulings in our favour.

When serving as Vice President, I also saw first hand another crisis or controversy involving the DPP. This time, Mr Mukelebai Mukelebai. It is very clear now, and I wish to submit, that this office is pivotal in any fight against corruption. It must, therefore, work with no other loyalties except loyalty to the law of the land.

We therefore recommend that constitutional changes be made to give new governments flexibility to change the DPP without such constraints. This is because, while it is possible to have a DPP who can shun being loyal to friends who break the law, most have struggled to bite the finger that appointed them and fed them. This is a big ask for many DPP’s. It definitely has been an impossible feat for Mrs Fuluta Lillian Siyuni.

She has shown a tendancy to chose sides and in doing so, made herself unusable in the urgent fight against corruption.

She chose loyalty to friends instead of loyalty to the law of the land and this has ultimately proved her undoing.

LAMENTATIONS OF A UPND SUPPORTER

By Mike Theo Hambulo

I remember meeting President Mazoka in 1999 and that’s when my interest in Politics and UPND in particular started. Having watched the likes of Dean Mungomba and Baldwin Nkumbula practice genuine politics aimed at creating a corruption free society, Mr Mazoka appeared to me as that alternative for this country.

Despite the passing away of Mr Mazoka, I still remained faithful to UPND because I believed we were going to bring a breathe of fresh air the country needed in Zambia’s economic development agenda.

After waiting for more that 20 years, we are in government. I think the long wait was sanctioned by God for us to change our ways and learn from the mistakes of our friends but alas we are becoming worse than our friends.

🍌 In the case of Kwacha and Kabushi, we now look very childish , vindictive and desperate. What is this nonsense of appeal after appeal in the courts to stop elections? We are the party in government and we are scared to face Lusambo and Malanji? Did we win genuinely in 2021 for us to be scared of Malanji and Bowman? We can’t continue using Attorney General in political cases when there is a backlog of cases the judiciary should be attending to. We are now under 5 juvenile politicians because we have transported our opposition politics into government! The people are interested in development and not cheap politics.

🍌 On the rule of law we are becoming a laughing stock. Even lawyers like Sangwa and the catholics that backed us are pulling out. The next to pull out will be the Europeans and Americans because we have started embarrassing them. The other day we arrested Sean Tembo, it appeared on BBC, next it’s DPP security withdrawal and her running away from home and it was reported by BBC, next it’s Dr Sampa and his crew arrested for peacefully matching. What message are we sending out?

🍌 Our loss in Luangwa is just a sign that people are getting upset with us! Never say that former ruling parties cannot bounce back because the way we have done our politics in the first one year, no one wants to join us. How is it possible that when people defect they are defecting to Socialist party and not to Upnd? A lot of independent people voted for us and if they are not feeling part of us then just know that they are with Mmembe, KBF or back to PF. We need self introspection

🍌 The IMF deal we have signed will come to haunt us. Kabushi has shown that even with teacher and health personnel recruitment people are more interested in their own living conditions than speeches! Even during PF’s lowest point, I never saw anyone reject a Chitenge Material from Bo Inonge Wina! The reception we received in Kabushi and even Kwacha is a sign that if we don’t change, we should start packing. Zambians are no longer interested in waiting for tomorrow. They want things done today.

🍌 Let’s not even dare to implement some of the IMF conditions like selling off ZESCO, the mines harassing of trading companies for tax and increasing fuel and electricity tariffs. Once we do that, expect Zambians to be very hostile towards us. Listen more to Grieve Chelwa and less to people like Chipenzi. Praise singers will make us go down too quickly! Already Zambians can’t express themselves freely because the boys and girls we buy bundles for are harassing them. So how do we expect to get feedback?

🍌 Lastly we need to check the praise singers. The tribalism! Northern, Luapula and Eastern provinces gave us a lot of votes! So why entertain those relatives of mine from western province asking for the removal of a Sakala as deputy Council secretary? Isn’t Zambia one nation? Praise singing is killing our party! The bloodshed in Luangwa should not be transported to the Copperbelt otherwise we shall lose!

In my conclusion, I just ask for one thing: Please let’s concentrate on development. Already we are just remaining with 3 years 9 months but our behaviour is as if we just came into office last month. Let’s move on. In actual sense we just remain with 2 years 9 months because in the last year, it’s all campaigns. What message shall we go back to the people with? That PF was corrupt? That we employed teachers? And please revisit the FISP new guidelines. How can you say when one is on NAPSA pension they can’t get FISP fertiliser? Edgar Lungu used to give them so you want to deny them? In your opinion who is better to them? HH or ECL after they are denied fertiliser? By the way when are we buying the same fertiliser because “corrupt” Lungu would have been distributing fertiliser by now!!!!

My fellow UPND members let’s pull up our socks 🧦

By: Mike Theo Hambulo.

PF’S NKANDU LUO IMPLICATED IN 26,000,000.00 (MILLION) KWACHA ROBERT KAPASA MAKASA UNIVERSITY GRAND THEFT SCANDAL

By Mabvuto Mtonga in Chinsali

A latest audit sanctioned by Secretary to the Treasury Felix Nkulukusa to investigate the alleged looting of 26 million Kwacha disbursed to the Copperbelt University for capital investments at Chinsali’s Robert Kapasa Makasa University, has implicated former higher education minister Prof. Nkandu Luo, our three-day investigation can reveal.

Prof. Nkandu Luo was also former president Edgar Lungu’s running mate in the PF’s ill-fated 2021 presidential election, as well as Munali member of parliament.

A Zambia United investigation can reveal today that on December 22, 2021, the office of the Secretary to the Treasury at Ministry of Finance and National Planning in Lusaka received an anonymous letter in which a concern was raised regarding alleged misappropriation of public funds at Kapasa Makasa University amounting to K10,986,213.00.

“In this regard, an amount of K12,000,000.00 was said to have been released to the Copperbelt University (CBU) ZANACO call Account No. 0378648700245 on 4th October, 2016 while K14,000,000.00 was released to ZANACO Kapasa Makasa, Account No. 5421276500254 on 29th December, 2016,” the investigative report from Chibwe N. Mulonda, controller of internal audit at the Ministry of Finance and National,reads in it’s background section. “It was further alleged that only K15,013,787.00 was spent to acquire capital items to operationalize the University leaving a balance of K10,986,213.00 which is the amount allegedly misappropriated.”

According to the bulky investigative report dated September 8, 2022 the whistleblower concluded the allegation by stating that despite funds having been released by Government through the Ministry of Finance and Ministry of Higher Education based on the University’s request as per it’s Capital Estimate budget, capital items totalling K9,976,918.69 were not procured.

These unprocured capital items include laboratory equipment and materials (K4,972,555.00), library furniture, equipment, books and security (K3,566,677.69), and ambulance and twin cab (K1,437,686.00).

“The audit team reviewed the documents at the two universities with the objective of establishing whether the allegation was true or false, and also establish on how the funds were expended,” the audit report reads.”We reviewed, in relation to the K26,000,000.00, payment vouchers, bank transfer letters, contract documents, stores records and other relevant documents at both Copperbelt University and Kapasa Makasa University. We also conducted interviews with key staff and employees who we believed could have information regarding the usage of the funds in question.

The outcome of the audit is as follows:

1. The K26,000,000.00 was received by the Copperbelt University:

“We established that indeed, K26,000,000.00 disbursed by the Ministry of Finance, through the Ministry of Higher Education, was received by the Copperbelt University”.

2. Excess funding of K1,922,547.08 Over and Above Capital Expenditure Budget Submitted by the Copperbelt University:

“Certified bank statements for the University revealed that the University received an amount of K26,000,000.00 instead of the K24,077,452.92 it requested for, this representing an excess funding of K1,922,547.08”.

3. Misapplication of Funds On Non-Capital Expenditure Items – K11,774,465.71

“A schedule for the description of components procured under each capital item description and the amounts thereof, as per funded capital budget submission by the Copperbelt University was analysed. The analysis revealed that out of the total amount of K24,077,452.92 for Capital expenditure request and funded, only K12,302,987.27 was spent on capital items, while the balance of K11,774,465.71 was spent on Non-Capital items”.

4. Unaccounted for medical supplies – K29,615.00

According to the report summary, it was established that some of the capital items which were budgeted and funded were not procured as at September 8 this year.

“Therefore, the allegation stating that only K15,013,787.00 was spent to acquire capital items to operationalize the University leaving a balance of K10,986,213.00 misappropriated is hereby confirmed to be true,” the audit concluded.

But how is Prof Nkandu Luo connected to this grand theft of K26,000,000.00?

Zambia United can disclose here that on October 20, 2016, 16 days after this K26,000,000.00 was disbursed to the Ministry of Higher Education by the Ministry of Finance, Prof. Luo issued a ministerial statement to Parliament on the status of opening the Robert Kapasa Makasa University.

Prof. Luo indicated that the University was commissioned by former president Lungu on July 28,2016 and that it was constructed at a total sum of K159 million.

However, while she revealed that a decision was made to operationalize the University at the least cost, by placing the management of Robert Kapasa Makasa under the Copperbelt University, Prof. Luo in her ministerial statement completely ignored to mention the K26,000,000.00 disbursed to the Chinsali-domiciled tertiary learning institution only a fortnight earlier.

(c) Zambia United 2022

Isaac Mwanza

WHO HAS MANDATE TO HEAR MATTERS AND APPEALS ABOUT CANDIDATES?

Today, I want to address one key issue about who has mandate to hear elections petitions for Members of Parliament and which Court should hear any appeal but before I do that let me state that the current discourse on the constitution and elections is very good for our constitutional democracy and citizens should continue to be encouraged to freely debate these issues, especially citizens who take time to understand their Constitution. Article 43 (2)(a) of the Constitution of Zambia commands:

“A citizen shall endeavour to acquire basic understanding of this Constitution and promote its ideals and objectives.”

Back to our first question, let’s begin with the first question. Can a person challenge the rejection or acceptance of a nomination of any candidate in an election?

Article 52(4) reads:

(4) A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty-one days of its lodgement.

Article 264 defines the word person to mean “an individual, a company or an association of persons, whether corporate or unincorporate.”

No doubt any individual, whether candidate or non-candidate, including companies or associations can challenge the decision of a Returning Officer to accept or reject, to declare the nomination valid or not valid, to determine that a candidate is eligible or not eligible.

Second question is which court will hear such challenges? Can a candidate file a local government petition or an before any court that he so wishes? Who role does the Supreme Court and Court have in election related matters?

1. The nomination and election petition for President are can only be heard and determined by the Constitutional Court. There are no appeals from the decision of the
Constitutional Court.

2. The nomination and election for Members of Parliament can only be heard by the High Court. All appeals against decisions of the High Court and Tribunal lie directly to the Constitutional Court.

3. The nomination and election for Mayors, Council Chairperson and Councillors can only be heard by the Local Government Elections Tribunal. And all appeals against decisions of the High Court lie directly to the Constitutional Court.

What role does the Court of Appeal and Supreme Court have in election petitions? None. Just like the Court cannot hear an appeal against the decision of the Local Government Tribunal, the Court of Appeal has no role in hearing any appeals on elections. What about the Supreme Court? Equally, the Supreme Court has no role in an election petition.

Elections are matters to do with the Constitution. And Article 1(5) of the Constitution states that “A matter relating to this Constitution shall be heard by the Constitutional Court.” See less

By Prince Bill M. Kaping’a Political/Social Analyst

Warm and fraternal greetings!

The results coming out of Luangwa are obviously painful and disappointing. However, this doesn’t come as a surprise to some of us; firstly, this is a PF stronghold and secondly, we seem to have taken a ‘white collar’ approach to this game (politics) which is essentially a contact sport. We aren’t shy to confess we saw it coming. Our sixth sense told us we were going to lose this Mayoral seat, just as we are likely to lose Kabushi or Kwacha constituencies.

Why do we say so?

During the last 7 years of PF in power, our leaders became accustomed to showing off money in public and handing it out to ‘desperate and starving’ citizens like Santa Claus would handout sweets to excitable children. In this case, we are referring to vulnerable people in society who would endure the scorching heat in winding queues to cast their votes in diverse places as Chibolya, Marapodi, Chipulukusu, Ipusukilo, Maiteneke…….like that old woman who rejected a chitenge from the Republican Vice president Mutale Nalumango in Kabushi, recently.

If you consider the two constituencies which are up for grabs – Kabushi and Kwacha respectively, there’s no semblance of development to write home about – acute shortage of water is the order of the day, the roads remain impassable, social amenities are non-existence whereas crime is equally rife. Going by the level of support the immediate MPs command in the constituencies, it seems the duo put “tantameni” to greater effect!

Make no mistake, the brilliant policy of free education hasn’t yet taken effect in such areas. It seems the language they best understand is “tantameni” – accruing direct benefits from the politicians such as 3 pieces of silver to buy Shake Shake or Pamela and indeed covering their funeral expenses such costs of a hearse, coffin, transport and food among others. At the end of the day, this would have guaranteed unshakable loyalty……….no amount of persuasion would sway them away, no matter what. Recent events demonstrate that providing services to our citizens in a structured way isn’t appreciated by many. Do you know the reason why opposition party leaders have now taken to echoing the mind-numbing “UPND government yakaso” mantra?

Last night we had chance to watch, a video clip of controversial Nigerian cleric Seer 1. He wasn’t the excitable and loud person that we know. He was rather sad and downcast. He warned that if PF bounces back in power, they would first begin by imprisoning President Hichilema whether he has a case or not before extending the dragnet to others. Edgar Lungu himself revealed this evil ploy a few weeks before elections. What happened in Luangwa must serve a case study to better understand why the people of Luangwa didn’t vote for UPND.

When you talk about the black mountain for instance, it’s only a privileged few benefitting from the proceeds leaving out the poor. By the way, there a lot of youth trekking from Kwacha daily in search of opportunities at the black mountain. Alas, it’s only a few selfish leaders in a hurry to catch with PF thugs in terms of accumulating wealth enjoying the spoils! Within the blink of an eye, you see them driving impressive SUVs straight from the showroom and acquiring mansions in upmarket suburbs as the youth from vulnerable households watch from the sidelines. Sadly, most citizens are equally fast losing confidence in the idea of forming cooperatives as a panacea to their economic woes as the money is taking long to reach them or some senior party and government officials have formed cartels to exclusively access this money for their own selfish benefit.

One may argue that the loss of Luangwa is a minor setback; it isn’t Mr. President. You may be keen to learn that most Cabinet ministers, MPs and DCs have totally insulated themselves from the very people that gave them power – they no longer pick up phone calls and move around in tinted vehicles at high speed. Not everyone may appreciate that the New Dawn Administration has gone out of the way to deploy thousands of civil servants countrywide as they are used to “tantameni.” This is the basic language they seem to easily understand in the shortest term. It is common knowledge that PF leaders wasted no time dipping their hands into the treasury. They went away with huge chunks of cash which is now stashed in their homes and farms. They are now eager to use this ‘loot’ to reclaim back power buoyed by generous contributions from Mafias and criminals hibernating under the shield of the corporate world.

As late veteran politician Daniel Munkombwe once confessed, most people are into politics to eat, including our very own party officials. In the recently suspended Kwacha constituency parliamentary by-elections, for instance, I recall reports of how some party officials were pocketing money meant for campaigns or the incessant complaints from the foot soldiers about poor diets at command centers and paltry allowances whenever they go out engaging would be electorates. They saw their colleagues in PF eating and they also want to eat. It’s not too late Sir, try to work on some of the issues highlighted above

Prophet Seer1
PF people are very crafty.

Each time I post something on my page, they flock to defend how UPND is doing politics because they understand that the UPND politics is not favouring it’s members but the PF.

They accuse me of dividing the country.
They say that they enjoy how UPND is appointing and keeping their members in the system because it’s one Zambia one Nation.

This morning one core PF cadre attacked me in the comment section claiming that PF was voted out because they empowered the members that sacrificed for the party.

Well that’s a lie. No one voted PF out of power for empowering their members but PF was voted out because of massive corruption.

There’s nothing like dividing the nation when we say that the party that suffered for the party must eat.

PF is enjoying the UPND leadership more because their people are still in the system and are still eating, so when we campaign for the people that fought for the party to eat, they say no, you are dividing the country, by the way we are all Zambians.

That you are a Zambian does not mean that you must eat forever, you supported and ate with PF, give way for the people that supported UPND to eat as well, you can’t continue eating while the people that suffered for the government are still suffering, that’s not being fair to the other Zambians, no one is more Zambian than the other

PF people always come on my comment sections to commend the UPND government for neglecting their members in the name of one Zambia one Nation but go to their pages and WhatsApp groups to mock the neglected UPND members.

They enjoy seeing UPND members poor.
They enjoy mocking the UPND members.
They even tease the UPND members with hunger.

When you see a PF member applauding the UPND government just know that there’s danger ahead.

Imagine a Hyna being so nice and romantic to a goat, just know that lunch is around the corner.

That we will not allow to happen, those that suffered for the party must enjoy the fruits of their labour.

This is politics.

#Seer1

I WAS SODOMIZED BY MY STEPFATHER

MY name is Amos Ngwira and I am 18 years old.

My biological father died when I was 8 years old and when I was 10 years old my mother remarried.

My life turned upside down when my mother and I moved to live with my stepfather, and not long after, he started abusing me physically.He would whip me with an electric cable for every small mistake that I made.

Even though my mother knew about the abuse she never protected me or intervened on my behalf but instead she accused me of trying to ruin her marriage.

My stepfather started sodomizing me when I was 12 years old.He would sleep with me two and sometimes three times in a day and he would threaten to kill me if I ever told anyone.

My mother and my stepfather died in quick succession two years ago and during the time of their death,I had already developed a problem of failing to control my bowel movement, causing feces to leak unexpectedly from my rectum.

I lived with this problem for quite some time and I never told anyone, I only opened up and told my grandmother after the problem became worse and after I started having health issues.

My grandmother took me to the hospital were I went under several medical check ups. I also did an HIV test and unfortunately the results came back positive and was immediately put of HIV treatment (ARVs).

I was also give some medicine for my bowel movement problem and was advised the type of food to be eating and to also start wearing absorbent pads.

I am currently recovering from my grandmother’s place in Rufunsa and I must say there is improvement and I can’t wait to go back to school in grade 11 next year.

My advice to the parents out there is that always be protective of your children, most of these innocent children are defiled and sodomized by people you live with right there in your homes.

Mwebantu Trendsetters 2